HomeMy WebLinkAbout990693.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bill Harper Case Number Z-521
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution
2 Letter to Applicant X
3 Department of Planning Services field check form X
4 Staff Comments X
5 Pictures X
6 Surrounding Property Owners X
7 Legal Notifications X
8 Application X
9 Referral letter X
10 Referral List X
11 Town of Mead referral response 1/20/99 X
12 St.Vrain Valley School District referral response 2/8/99 X
13 Mountain View Fire Protection District referral response 2/24/99 X
14 Weld County Building Inspection Department referral response X
1/20/99
15 Longmont Soil Conservation District referral response 2/9/99 X
16 Weld County Public Works Dept. referral response 2/12/99 X
17 Weld County Health Dept. referral response 2/17/99 X
18 Maps X
19 wagy letter X
19 Items submitted at planning commission
4. EXHIBIT
990693
ie ,
I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
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Ben Patton + Planner
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED and SWORN TO BEFORE ME THIS day of } / K 19 97
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NOTARY PUBLIC
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Kik Le.... :**N.; DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE
' GREELEY, COLORADO 80631
C.
COLORADO
January 18, 1999
William Harper
6237 Nottinghill Gate
Boulder, CO 80301
Subject: Z-521 - Request for a Change of Zone for five lots from Agricultural to PUD (Estate/R-4) on a
parcel of land described as Part of the SW4 of Section 13, T3N, R68W of the 6th P.M., Weld
County, Colorado.
Dear Mr. Harper:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for March 16, 1999, at 1:30 p.m. This meeting will take
place in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Planning Commission members may have.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Mead Planning Commission for
its review and comments. Please call Town of Mead at 970-535-4477 for further details regarding the date,
time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the
Mead Planning Commission meeting to answer any questions the Commission members may have with
respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly
maintained road right-of-way, one sign will be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road
right-of-way.
' The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24) hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Ben Patton a
Planner •
CHANGE OF ZONE
WilDeADMINISTRATIVE RECOMMENDATION
COLORADO
CASE NUMBER: Z-521
PLANNER: Ben Patton
APPLICANT: William Harper
ADDRESS: 6237 Nottinghill Gate, Boulder, CO, 80301
REQUEST: PUD Change of Zone to create four E (Estate) zoned lots and one R-4 (Multifamily)
zoned lot
LEGAL DESCRIPTION: Part of the SW 1/4 Section 13, T 3 N, R 68 W of the 6th P.M., Weld
County, Colorado.
LOCATION: North of and adjacent to Weld County Road 32; approx. ''A mile east of WCR 13
ACRES: 10 PARCEL#: 1207 13 000063
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST
BE APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 5.3
of the Weld County Planned Unit Development Ordinance #197.
2. The submitted materials are in compliance with Section 6.4.3 of the Weld County Planned
Unit Development Ordinance #197 as follows:
A. Section 6.4.3.1.1 - That the proposal is consistent with the Comprehensive Plan,
MUD Ordinance if applicable, any Intergovernmental Agreement in effect influencing
the PUD, and the Weld County Zoning and Subdivision Ordinance. The proposal
is consistent with the aforementioned documents as follows:
1) A.Goal 1 states "Preserve prime farmland for agricultural purposes which
fosters economic health and continuance of agriculture." The subject
property is categorized as a mixture of"prime" and "irrigated non-prime" land
by the USDS Soil Conservation map. The property has not been used for
agricultural purposes for over 25 years.
2) A.Policy 7 states "Weld County recognizes the 'right to farm'. In order to
validate this recognition Weld County has established an example covenant
which should be incorporated on all pertinent land use plats." The
Department of Planning Services and Health Department will require the
covenant to appear on the recorded plat.
B. Section 6.4.3.1.3- That the USES which would be permitted shall be compatible with
the existing or future development of the surrounding area as permitted by the
existing Zoning, and with the future development as projected by the
COMPREHENSIVE PLAN or MASTER PLANS of affected municipalitie he
proposed site does not lie within an urban growth area, nor is the
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proposing an urban scale development. The right-to-farm covenant will be attached
to the request thus informing any new residents that the area the surrounding
community is agriculture in nature. The Department of Planning Services believes
that the granting of this change of zone will have a minimal impact on the
surrounding land uses.
C. Section 6.4.3.1.4 - That the PUD Zone District shall be serviced by an adequate
water supply and sewage disposal system in compliance with the Performance
Standards in Section 2 of this Ordinance. Domestic water and water for fire
protection shall be provided by the Little Thompson Water District. Each lot for the
proposed PUD shall be served by an on-site sewage system. The Weld County
Health Department has reviewed the proposed system and recommends approval.
D. Section 6.4.3.1.5 - That STREET or highway facilities providing access to the
property are adequate in functional classification, width, and structural capacity to
meet the traffic requirements of the USES of the proposed Zone District. Weld
County Road 32 is a paved, local road which will have the capacity to serve the
proposed traffic flow.
E. Section 6.4.3.1.7- That there has been compliance with the applicable requirement
contained in the Zoning Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site. The proposed change of zone does
not lie within any overlay district identified by the maps officially adopted by Weld
County. The proposed rezoning does not contain the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the
present or future extraction of such deposit by an extraction to any greater extent
than under the present zoning of the property. Soil conditions on the site are not
such that they present moderate or severe limitations to the construction of
structures of facilities proposed for the site.
3. The submitted materials are in compliance with Section 6.3 of the Weld County Planned Unit
Development Ordinance (Ordinance 197), as follows:
A. Section 6.3.1 Environmental Impacts: The referral response from the Weld County
Health Department indicates that the application materials have adequately
addressed all of the potential impacts described in Section 6.3.1.2.1 of the Weld
County Planned Unit Development Ordinance (Ordinance 197).
B. Section 6.3.2 Service Provision Impacts,: The applicant has satisfactorily addressed
the majority of service provision impacts in the application materials. Additional
requirements of the Weld County Public Works Department and Mountain View Fire
Protection District are addressed through the attached conditions of approval.
C. Section 6.3.3 Landscaping Elements: The applicant has submitted a Landscape
Plan in accordance with Section 9.3 of the Weld County Planned Unit Development
Ordinance (Ordinance 197).
D. Section 6.3.4 Site Design: The proposal takes into consideration the sites'
advantages and limitations, as well as the compatibility of the development with
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adjacent sites.
E. Section 6.3.6 Proposed Signage: The applicant is not proposing any signage with
this application. Condition of approval #2D5 addresses any future proposed
signage.
F. Section 6.3.7 MUD Impacts: The proposed change of zone does not lie within the
Mixed Use Development area.
G. Section 6.3.8 Intergovernmental Agreement Impacts: The proposed change of zone
does not lie within any Intergovernmental Agreement area.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Change of Zone from A (Agricultural) to Estate Five Lot Subdivision is conditional upon
the following:
1. The change of zone plat map shall be submitted to the Department of Planning Services for
recording within 30 days of approval by the Board of County Commissioners.
2. Prior to recording the Change of Zone plat:
A. The applicant shall submit a revised and signed on-site improvements agreement
which addresses parking, private road, and open space and landscaping
maintenance; ownership and maintenance of the sewage treatment facility; and
construction of on-site recreational amenities in accordance with Section 6.3.3.2.
(Dept. of Planning Services)
B. The applicant shall submit evidence that all of the requirements of the Little
Thompson Water District, as described in a letter dated August 7, 1998, have been
met, and that commitment to serve the five lots by the District has been secured
unconditionally. (Dept. Of Planning Services).
C. The plat shall be amended to delineate the following:
1) The current Right to Farm Covenant from the Weld County Comprehensive
Plan. (Dept. of Planning Services)
2) The accurate length of the proposed cul-de-sac and the revised lot
configurations. The plat shall also delineate a minimum 65-foot turnaround
radius and the outside curb or pavement edge radius must be 50 feet or
more. (Planning, Public Works Dept.)
3) The final plat shall delineate 30-feet of right-of-way from the centerline of
Weld County Road 32. (Dept. of Planning Services and Public Works Dept.)
4) The name of the street, which shall not conflict with any other street within
the particular U.S. Postal area. (Dept. of Planning Services)
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5) The location and type of the recreational amenities for the site. (Dept. Of
Planning Services)
6) in accordance with Section 2.5 of the PUD Ordinance the Final Plat shall
include a total of 15% open space or greater. This calculation shall NOT
include the on-site sewage disposal facility and the area between the pond
and the fence which will surrounds it. (Dept. Of Planning Services)
D. The following notes and information shall be delineated on the Change of Zone plat:
1) The PUD shall consist of four (4) Estate zoned lots and one (1) R-4
(Residential) zoned lot. The Change of Zone allows for Estate uses (4 lots)
which shall comply with the Estate Zone District requirements as set forth in
Section 36 of the Weld County Zoning Ordinance and R-4 uses (1 lot) which
shall comply with the Residential District requirements as set forth in Section
32.5 of the Weld County Zoning Ordinance. Each of the five lots shall be
buildable. (Dept. of Planning Services)
2) Water service shall be provided by the Little Thompson Water District and
sewage disposal shall be from an on-site sewage treatment facility. (Health
Dept.)
3) The site shall be developed in accordance with the recommendations
contained in the geotechnical report provided by the Colorado Geological
Survey. (Dept. Of Planning Services.)
4) Any signage located on the property shall require building permits and shall
adhere to Section 42.2 of the Weld County Zoning Ordinance. (Dept. of
Planning Services)
5) The site shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department,
and the Weld County Department of Planning Services. (Dept. Of Planning
Services)
6) Installation of utilities shall comply with Section 12 of the Weld County
Subdivision Ordinance. (Dept. of Planning Services)
7) Outdoor storage shall be screened from public rights of way and adjacent
properties. (Dept. of Planning Services)
8) The Right To Farm Covenant, as stated in the Weld County Comprehensive
Plan, shall be recognized at all times. (Dept. of Planning Services)
9) The on-site sewage facility has been permitted by the Colorado Department
of Public Health and Environment (Permit Number: COG-582017). (Health
Dept.)
10) The Homeowner's Association shall be responsible for the upkeep and
Service,Teamwork, Integrity, Quality 4
maintenance of the sewage treatment facility, including controlling any odors
that may emanate from the plant. The Association shall also assure that all
conditions of the plant's Discharge Permit (No. COG-582017) are met and
complied with. (Health Dept.)
11) Any resident of the subject property forfeits their right to complain to the
Colorado Department of Public Health and Environment or the Weld County
Health Department concerning any odors that may emanate from the on-site
sewage treatment facility. Any issues concerning odors from the facility
should be directed to the Homeowner's Association. (Health Dept.)
12) The property is subject to Regulation#2 of the Colorado Air Pollution Control
Regulations. (Health Dept.)
13) The applicant shall comply with Section 8.7 of the Weld County Planned Unit
Development Ordinance (Ordinance 197) as follows: Failure to submit a
Planned Unit Development Final Plan- If a PUD Final Plan application is not
submitted within two (2) years of the date of the approval of the PUD Zone
District, the Board of County Commissioners shall require the landowner to
appear before it and present evidence substantiating that the PUD project
has not been abandoned and that the applicant possesses the willingness
and ability to continue with the submittal of the PUD Final Plan. The Board
may extend the date for the submittal of the PUD Final Plan application and
shall annually require the applicant to demonstrate that the PUD has not
been abandoned. If the Board determines that conditions or statements
made supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final Plan, the
Board of County Commissioners may, at a public hearing revoke the PUD
Zone District and order the recorded PUD Zone District reverted to the
original Zone District. (Dept. of Planning Services)
14) The existing home on the proposed R-4 lot shall be allowed to exist on the
site only for the purpose of providing a residence for the manager/caretaker
for the apartment complex. (Dept. Of Planning Services)
3. Prior to Recording the Final Plat:
A. The applicant shall vacate USR-860. (Dept. Of Planning Services)
B. The Landscaping Plan shall be amended to delineate a more complete description
of the grassed and landscaped areas, in accordance with the approved
Improvements Agreement. (Dept. Of Planning Services)
C. The applicant shall attempt to address the concerns of the Mountain View Fire
Protection District and the St. Vrain School District. (Dept. Of Planning Services)
4. Prior to the release of any building permits:
A. The applicant shall supply a designated street sign and stop sign at the appropriate
location adjacent to Weld County Road 32. (Public Works)
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FIELD CHECK Inspection date: March 4, 1999
CASE NUMBER: Z-521
APPLICANT: William Harper
LEGAL DESCRIPTION: PL. SW 1/4 Section 13, Township 3 North, Range 68
West
LOCATION: North of and adjacent to WCR 32, Approx. '/z mile east of WCR 13
Zoning Land Use
N A (Agricultural) N Thomas Lake
E A (Agricultural) E Non-farmed agricultural open space
S A (Agricultural) S Non-farmed agricultural open space
W A (Agricultural) W Rural Residences
COMMENTS: Site includes an existing structure which will become the apartment
unit for the PUD. This structure is currently in poor repair. The other major on-site
amenity is a sewage treatment pond that also appears to be in need of repair. The area
described as "open space" on the application is comprised largely of dirt and gravel.
The proposed Estate-zoned lois are currently in weeds.
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